Powers v. Tiebauer

Summary

The Mississippi Supreme Court affirmed a chancery court order changing a child's surname to that of her adjudicated biological father. The court held that the mother abandoned her challenge to the name change by failing to pursue her motion and was procedurally barred from raising a constitutional challenge to Mississippi Code section 93-9-9(1) for the first time on appeal.

Holdings

1. The chancellor did not abuse his discretion in finding that Powers abandoned her motion to alter or amend the order changing Rachel's surname because she failed to notice the motion, set it for hearing, or otherwise pursue it for nearly three years.
2. Powers was procedurally barred from raising for the first time on appeal her constitutional challenge to Mississippi Code section 93-9-9(1), both because constitutional errors generally must be raised in the trial court and because she failed to provide the Attorney General the notice required by Mississippi Rule of Civil Procedure 24(d).

Questions Presented

1. Whether the chancellor abused his discretion by finding that Powers abandoned her motion challenging the change of Rachel's surname.
2. Whether Powers was procedurally barred from raising for the first time on appeal her due process and equal protection challenge to Mississippi Code section 93-9-9(1).

Disposition

affirmed